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2011-03BILL NO. 2011-3 AN ORDINANCE RELATING TO CIVIL RIGHTS; ESTABLISHING A DOMESTIC PARTNER REGISTRY; AMENDING CHAPTER 1OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Chapter 1 of the Richfield City Code is amended by adding a section to read as follows: Section 120: Domestic Partnerships 120.01 Purpose. The City of Richfield authorizes and establishes a voluntary program of registration of domestic partners. The domestic partnership registry is a means by which unmarried, committed couples who reside or work in Richfield and who share a life and home together may document their relationship. Richfield's domestic partnership ordinance is a City ordinance and does not create rights, privileges, or responsibilities that are available to married couples under state or federal law. The City of Richfield cannot provide legal advice concerning domestic partnerships. Applicants and registrants may wish to consult with an attorney for such advice including, but not limited to: wills, medical matters, finances and powers of attorney, children and dependents, medical, health care and employment benefits. 120.03 Definitions. Subdivision 1. The following words and phrases used in this Code have the meanings given in this section. Subd. 2. Domestic Partner. The term "domestic partner" means any two adults who meet all the following: a. Are not related by blood closer than permitted under marriage laws of the state. b. Are not married under the laws of this state. c. Are competent to enter into a contract. d. .Are jointly responsible to each other for the necessities of life.. e. Are committed to one another to the same extent as married persons are to each other, except for the traditional marital status and solemnities. f. Do not have any other domestic partner(s): g. Are both at least 18 years of age. h. At least one of whom resides in Richfield or is employed in Richfield. Subd. 3. Domestic Partnership. The term "domestic partnership" shall include, upon production of valid, government-issued documentation, in addition to domestic partnerships registered with the City of Richfield, and regardless of whether partners in either circumstance have sought further registration with the City of Richfield: a. Any persons who have acurrently-registered domestic partnership with a governmental body pursuant to state, local or other law authorizing such registration. The term domestic partnership shall be construed liberally to include unions, regardless of title, in which two individuals are committed to one another as married persons are traditionally committed, except for the traditional marital status and solemnities. b. Marriages that would be legally recognized as a contract of lawful marriage in another local, state or foreign jurisdiction, but for the operation of Minnesota law. 120.05 Registration of Domestic Partnerships. Subdivision.1. Application. The city clerk shall accept an application in a form provided by the City to register domestic partners who state in such application that they meet the definition of domestic partners. Subd. 2: Application fee. The city clerk shall charge an application fee for the registration of domestic partners and shall charge a fee for providing certified copies of registrations, amendments, or notices of termination. The fees required by this subsection shall be established from time to time by resolution of the City Council and set forth in Appendix D to this code. Subd. 3. Certificate. The city clerk shall provide each domestic partner with a registration certificate. The registration certificate shall not be issued prior to the third working day after the date of the application. , Subd. 4. This application and certificate may be used as evidence of the existence of a domestic partner relationship. Subd. 5. Records. The city clerk shall keep a record of all registrations of domestic partnership, amendments fo registrations and notices of termination. The records shall be maintained so that amendments and notices of termination are filed with the registration of domestic partnership to which~they pertain. Subd. 6. Data. The application and amendments thereto, the registration. certificate, and termination notices shall constitute government data and will be subject to disclosure pursuant to the terms of the Minnesota Government Data Practices Act. 120.07 Amendments. The city clerk may accept amendments for filing from persons who have domestic partnership registrations on file, except amendments that would replace one of the registered partners with another individual. 120.09 Termination of Domestic Partnership. Domestic partnership registration terminates when the earliest of the following occurs: a. One of the partners dies; or b. Forty-five days after one partner: 1) sends the other partner written notice, on a form provided by the City, that he or she is terminating the partnership; and 2) files the notice of termination and an affidavit of service of the notice on the other partner with the city clerk. 120.11 Benefits. Subdivision 1. This section does not create any rights, privileges, or responsibilities for domestic partners other than those expressly provided in this section. Subd. 2. City Fees for Services. If the City offers a family fee, family membership or family registration for any City-provided program or service, domestic partners are entitled~Q~he_ same family~e~,_family membership or family registration. Subd. 3. Other code provisions. Domestic partners shall be entitled to rights or benefits as expressly provided by this code for registered domestic partners. Sec. 2. This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota this 8th day of February, 2011. ebbie Goettel, Mayor ATTEST: Nancy Gibb ity Clerk City of Richfield (Official Publication) RESOLUTION NO.10479 RESOLUTION APPROVING ~~ '-' ~ SUMMARY PUBLICATION OF BILL lie~spape~'S WHEREAS, the City has adopted the above referenced ordinance; and WHEREAS, the verbatim tent of the or- AFFIDAVIT OF PUBLICATION dinance is cumbersome, and the ex- pense ofpublication ofthe complete text is notjustlfied;and STATE OF MINNESOTA ) SS ) WHEREAS, the following summary i t t f h bli f th l l i . COUNTY OF HENNEPIN ) c o e n en ear orms t e pu c y n and effect of the ordinance. Richard Hendrickson, being duly sworn on NOW THEREFORE, BE IT RESOLVED by the city Council of the Ctty of Rlch- h i ff ia h f ll i an oath, states or affirms that he is the Chief ng summary s ere- e at a o ow t ublicetton: a roved for official Financial Officer of the newspaper(s) known pp p ~ SUMMARY PUBLICATION aS Richfield Sun-Current BILL N0.2011-3 AN ORDINANCE RELATIN4 TO CIVIL RIGHTS; ESTABISHING A DOMESTIC PARTNER REGISTRY; AMENDIN4 and has full knowledge of the facts stated CHAPTER 1 OFTHE RICHFIELD CITY beIOW: CODE A The news a er has com lied with all of ( ) p p p on February 8, 2011, the Richfield City. Council adopted an ordinance designat- the regUlrementS COnSfltUfing qual'rflCa- ed as Bill No. 2011-3, the idtie of which lion as a qualified newspaper as provid- dina~nt~ i bapubii nod "ppursu nt io sec- ld Ci Ch t i h ed by Minn. Slat. §331A.02, §331A.07, ar er. lion 3.12 of the R c fie iy and other applicable laws as amended. The ordinance egtablianes a voluntary program by which unmarried, commit- (B)The printed public notice that is attached led couples who reside or work in Rich- was published in said newspaper(s) fleid may register as domestc partners. The ordinance establishes criteria and once each week, for One SUCCBSSIVe procedures for couples to register or to Week(s); It Was first published on Thurs- terminate their registration. The ordi- day, the 17 day of February nance does not create any rights, privi- loges or responsibilities for domestic and was thereafter printed and 2011 t that domestic partners e rs excep Partn , published on every Thursday to and in- f y t snips/reglst anon offered by e~y citryry Copies of the ordf- ram or service ro cluding Thursday, the day of . g p nonce are available for public Inspection , 2011; and rinted p in the office of the City Clerk during nor- belOW IS a Copy Of the IOWer Case alpha- mal business hours or upon request by bet from A to Z, both inclusive, which is calling 612-861-9738. hereby acknowledged as being the size Nancy Gibbs, city clerk and kirid of a used in the com OSItIOn p f th ti bli i BE rr FURTHER RESOLVED, thet the CHy Clerk is directed to keep a copyy of CR llf ffi H e no ce: on o and pu cat y a or theord(nanceinhero ceat public inspection and to poet a full copy abcdefghilklmnopgrstuvwxyz of the ordinance in a public place in the City for a period of two weeks. Adopted by the City Council of the City of Richfield, Minnesota this 8th day of ~'.= February, 2011. ~~i Debbie Goettel, Mayor Q~(O BY: ATTEST: ancy Gibba, City Clerk CFO (Feb 17, 2011) D2 Resolution# 10479 Subscribed and sworn to or affirmed before me on this 17 day of February , 2011. /~ Notary Public ~ ~ DIANE L ELIASON ~ ~r„~ ~~',a}~~` -~ ~/ ~ NOTARY PUBLIC - F.11PlNESOTA Expires .l:m 31. 2015 P ly Comm ~ . . . .